Resigning whilst on Mat Leave - will I lose SMP? - Page 2

My_First · Apr 11th, 2012, 15:49 PM

" If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements."

http://www.yourlegalrights.co.uk/emp...ternity-rights

suzib76 · Apr 11th, 2012, 15:59 PM

Quote:

Originally Posted by My_First

Seriously, please watch your tone. Her employers may well be nice about it and yes, let her take the six months notice. However legally, they do not have to beyond a months notice (if that is her notice period). They are allowed to let them know in advance, which is notice period.

it was your tone that prompted that last post - the 'im not arguing im in hr' in a snooty tone

Quote:

Originally Posted by My_First

" If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements."

http://www.yourlegalrights.co.uk/emp...ternity-rights

like i said, you must give that notice, no less, but you can give more. in any case i did suggest just telling them unofficially in my reply

My_First · Apr 11th, 2012, 16:05 PM

Okay, lets sort this out;

1) It wasnt meant/written as snotty, apologies..

2) Yes you could tell them unofficially - i.e.not in writing, (I am sorry I didnt get this from your post) and assume that they will be happy with it
3) Yes you could tell them officially, (which is what the OP's question was - i.e. 'Resigning on Mat leave' ) but you run the risk of them enforcing the notice period. By giving them more than your notice period, they can enforce your contracted notice period
4) You could just stuff them and give them your notice period only

Phew..

Hope that helps...

suzib76 · Apr 11th, 2012, 16:11 PM

i got my period

My_First · Apr 11th, 2012, 16:13 PM

Quote:

Originally Posted by suzib76

i got my period

LOL...not number 4 then..

suzib76 · Apr 11th, 2012, 16:16 PM

Quote:

Originally Posted by My_First

Quote:

Originally Posted by suzib76

i got my period

LOL...not number 4 then..

like it

nugget80 · Apr 13th, 2012, 02:44 AM

im in UK and smp is not paid by employer but by government. when i gave in forms giving maternity leave dates i also said i would not be returning after. its not affected payments at all! ...

My_First · Apr 13th, 2012, 03:13 AM

Quote:

Originally Posted by nugget80

im in UK and smp is not paid by employer but by government. when i gave in forms giving maternity leave dates i also said i would not be returning after. its not affected payments at all! ...

Agreed it is paid by the government but you have to still be employed to receive it. Therefore your employer could have said okay then you have a months notice and you will no longer be employed. But luckily they didn't ( although I am sure you could have claimed ma if this had happened)

The link above explains it all.

P.s. did you actually resign formally or did you just say to them, I'm not coming back after maternity leave? The thing with the latter is that you can change you mind at any time, if it's not a formal agreement. If you actually resign as per your contract and offer them an extended notice period, they are not obliged to accept it, bar the minimum contracted.

nugget80 · Apr 13th, 2012, 03:52 AM

it was formal as when i filled in mat leave forms i wrote a letter that stated i would be claiming my 39 weeks smp as entitled to and would not be returning after this...

My_First · Apr 13th, 2012, 05:33 AM

Quote:

Originally Posted by nugget80

it was formal as when i filled in mat leave forms i wrote a letter that stated i would be claiming my 39 weeks smp as entitled to and would not be returning after this...

Glad your employers were good to you..

Apr 11th, 2012, 15:49 PM	#11
My_First Mum (Mom) BnB Addict Join Date: Jul 2010 Location: Reading Posts: 2,874	" If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements." http://www.yourlegalrights.co.uk/emp...ternity-rights

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Apr 11th, 2012, 16:05 PM	#13
My_First Mum (Mom) BnB Addict Join Date: Jul 2010 Location: Reading Posts: 2,874	Okay, lets sort this out; 1) It wasnt meant/written as snotty, apologies.. 2) Yes you could tell them unofficially - i.e.not in writing, (I am sorry I didnt get this from your post) and assume that they will be happy with it 3) Yes you could tell them officially, (which is what the OP's question was - i.e. 'Resigning on Mat leave' ) but you run the risk of them enforcing the notice period. By giving them more than your notice period, they can enforce your contracted notice period 4) You could just stuff them and give them your notice period only Phew.. Hope that helps...

Status: Offline

Apr 11th, 2012, 16:11 PM	#14
suzib76 Mum (Mom) BnB Addict Join Date: Oct 2009 Location: x scotland x Posts: 6,709	i got my period

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Apr 13th, 2012, 02:44 AM	#17
nugget80 Mum (Mom) Chat Happy BnB Member Join Date: Jul 2010 Location: hertfordshire Posts: 1,801	im in UK and smp is not paid by employer but by government. when i gave in forms giving maternity leave dates i also said i would not be returning after. its not affected payments at all! ...

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Apr 13th, 2012, 03:52 AM	#19
nugget80 Mum (Mom) Chat Happy BnB Member Join Date: Jul 2010 Location: hertfordshire Posts: 1,801	it was formal as when i filled in mat leave forms i wrote a letter that stated i would be claiming my 39 weeks smp as entitled to and would not be returning after this...

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